8 Records of Alleged Abusive or Improper Conduct where the last known accountability status is “OPR Investigation Closed”

Examples of abuses or other behaviors indicating need for reform at U.S. border and migration institutions

July 26, 2022

A U.S. District judge sentenced former CBP officer Simon Medina to 24 months in federal prison (original link). Medina admitted that, while serving at the Laredo, Texas port of entry,

between May 25 and Aug. 6, 2020, he allowed several individuals to enter the United States with contraband in their vehicles on approximately 20 occasions. Although not assigned to the entry lanes at the Laredo Port of Entry, Medina would open a lane and allow his co-conspirators to pass through without inspecting their cargo. Medina also accepted gratuities from his partners.

Medina had pleaded guilty on March 8, 2022. CBP’s Office of Professional Responsibility carried out the initial investigation of his case.

— “Former law enforcement officer heads to prison for allowing contraband into country” (Texas: U.S. Attorney’s Office Southern District of Texas, July 26, 2022) https://www.justice.gov/usao-sdtx/pr/former-law-enforcement-officer-heads-prison-allowing-contraband-country.

Sector(s): Laredo Field Office

Agency(ies): Office of Field Operations

Event Type(s): Corruption

Last Known Accountability Status: Criminal Conviction, OPR Investigation Closed

Victim Classification:

April 14, 2022

CBP took 1,919 formal disciplinary actions against members of its 60,000-person workforce in fiscal year 2021, down from 2,021 actions in 2020 and up from 1,629 in 2019, according to a new Report on Internal Investigations and Employee Accountability. (original link).

Just over half of those disciplinary actions (996) were reprimands. In 100 cases were employees removed. Another 2,076 cases ended up with required counselings. These were all roughly similar to 2020 figures.

The report notes 246 CBP employees being arrested a total of 253 times in 2021, a 23 percent increase in arrests over 2020, a year of relatively few arrests. “On average, the employee arrested was 40 years of age and had served just over

10 years with CBP at the time of arrest.” The vast majority of arrests were for “Drug / Alcohol Related Misconduct” or “Domestic / Family Misconduct.” Nine cases were labeled “Corruption,” up from four in 2020.

The agency’s Office of Professional Responsibility (OPR) opened 684 investigations into use of force incidents in 2021, up from 516 in 2020. Twenty-one were for use of deadly force, up from seventeen in 2020. The vast majority of cases were closed because the agents were found not to be violating policy. Of use-of-force cases closed with a disciplinary outcome, 11 resulted in counselings.

OPR opened 1,044 investigations in 2021, down from 1,947 new investigations in 2020. It closed 1,162 investigations, down from 1,994 in 2020.

Report on Internal Investigations and Employee Accountability FY2021 (Washington: CBP, April 14, 2022) https://www.cbp.gov/document/report/report-internal-investigations-and-employee-accountability-fy2021.

Sector(s): Border-Wide

Agency(ies):

Event Type(s): Evading Oversight, Unethical Off-Duty Behavior, Use of Force

Last Known Accountability Status: Criminal Charges Pending, DHS OIG investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

December 11, 2021

A Yahoo News investigation told the story of Jeffrey Rambo, a Border Patrol agent assigned to the Counter Network Division of CBP’s National Targeting Center in 2017 and 2018. The investigation pointed to very troubling CBP intrusions into the private lives of U.S. citizens not suspected of committing any crimes, while all involved have avoided punishment.

Though assigned to a project with the ostensible goal of combatting forced labor, Rambo and his Division ended up digging through classified government databases to uncover information about the private lives of as many as 20 U.S. journalists. The resulting leak investigation ensnared reporter Ali Watkins, revealing her romantic relationship with a married Senate staffer. Rambo, Yahoo News’s Jana Winter reported,

ran Watkins through an assortment of databases. Those included, among others, CBP’s Automated Targeting System, a tool that compares travelers against law enforcement and intelligence data; TECS, which tracks people entering and exiting the country; the Treasury Department’s FinCEN, used for identifying financial crimes; and the State Department consular database, which included details of her passport application.

Dan White, Rambo’s supervisor at the Counter-Network Division, testified about Charlie Ratliff, a program analyst in the Division who “worked on DOMEX, a program that collects information from the contents of a person’s electronic device when they cross a U.S. border.”

According to White’s later testimony, Ratliff regularly investigated congressional staffers’ travel captured by CBP to run against the Terrorist Screening Database. “White stated that when Congressional ‘Staffers’ schedule flights, the numbers they use get captured and analyzed by CBP,” the inspector general report says. White told the investigators that Ratliff “does this all the time,” looking at “inappropriate contacts between people.”

Starting in 2018, the DHS Inspector-General and CBP’s Office of Professional Responsibility carried out a two-year investigation into Rambo’s activities, focused on whether Rambo improperly accessed government databases, and sought information outside the scope of his official duties.

The Inspector-General found grounds for potential criminal charges against Rambo, White, and Ratliff, and presented criminal referrals to the Justice Department in October 2020. In the end, Mark Lytle, the head of financial crimes at United States Attorney’s Office for the Eastern District of Virginia, declined to prosecute, in part because CBP lacked clear policies and procedures governing Rambo’s duties.

“We’re in a very dangerous place if having no rules means officers can’t break any rules,” Hugh Handeyside, a senior staff attorney with the American Civil Liberties National Security Project, told Yahoo News.

That same month, Jeffrey Rambo was taken off administrative leave and returned to duty as a Border Patrol agent, where he remained as of the time of Yahoo News’s investigation, assigned to the San Diego Sector. Dan White, Rambo’s former supervisor, was back running the same team as before at the CBP National Targeting Sector’s Counter Network Division. “When the inspector general requested any new policies or procedures the division had for contacts with journalists and people outside government, it received no reply,” Yahoo News found.

Ali Watkins, the reporter whose personal life came most heavily under CBP scrutiny and was working at the New York Times as of December 2021, told Yahoo News, “I’m deeply troubled at the lengths CBP and DHS personnel apparently went to try and identify journalistic sources and dig into my personal life. It was chilling then, and it remains chilling now.”

— Jana Winter, “Operation Whistle Pig: Inside the secret CBP unit with no rules that investigates Americans” (Yahoo News, December 11, 2021) https://news.yahoo.com/operation-whistle-pig-inside-the-secret-cbp-unit-with-no-rules-that-investigates-americans-100000147.html.

Sector(s): Border-Wide

Agency(ies): Border Patrol, National Targeting Center

Event Type(s): Civil Liberties or Privacy Infringement, Misuse of Intelligence Capability

Last Known Accountability Status: Criminal Charges Dropped, DHS OIG investigation Closed, OPR Investigation Closed

Victim Classification: Journalist, U.S. Citizen or Resident

November 18, 2021

CBP took 2,021 formal disciplinary actions against members of its 60,000-person workforce in fiscal year 2020, up from 1,629 actions in 2019, according to a new Report on Internal Investigations and Employee Accountability. (original link)

Half of those disciplinary actions were reprimands. In 86 cases was the employee removed. Another 2,112 cases ended up with required counselings.

The report notes 196 CBP employees being arrested a total of 201 times in 2020. “On average, the employee arrested was 41 years of age and had served just over ten years with CBP at the time of arrest.” The vast majority of arrests were for “Drug / Alcohol Related Misconduct” or “Domestic / Family Misconduct.” Four cases were labeled “Corruption.”

The agency’s Office of Professional Responsibility (OPR) opened 516 investigations into use of force incidents in 2020, 17 of them for use of deadly force. The vast majority of cases were closed because the agents were found not to be violating policy. Of use-of-force cases closed with a disciplinary outcome, 1 resulted in a removal, 2 in reprimands, and 5 with counselings.

OPR opened 1,947 new investigations in 2020, and closed 1,994 existing investigations.

Report on Internal Investigations and Employee Accountability FY2020 (Washington: Customs and Border Protection, November 18, 2021) https://www.cbp.gov/document/report/report-internal-investigations-and-employee-accountability-fy2020.

Sector(s): Border-Wide

Agency(ies): CBP

Event Type(s): Evading Oversight, Unethical Off-Duty Behavior, Use of Force

Last Known Accountability Status: Criminal Charges Pending, DHS OIG investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

October 25, 2021

A strongly (and explicitly) worded report from the House of Representatives’ Committee on Oversight and Reform, issued on October 25, detailed the disciplinary process following 2019 revelations of a secret Facebook page at which CBP personnel posted racist, violent, and lewd content (original link). The Committee discovered that for most involved, consequences were light: they “had their discipline significantly reduced and continued to work with migrants” (original link).

In July 2019, ProPublica revealed the existence of “I’m 10-15,” a Facebook group with about 9,500 members, many or most of them CBP and Border Patrol personnel. (“I’m 10-15” means “I have migrants in custody.”) ProPublica, and later the Intercept, posted screenshots of content replete with sexual imagery, threats of violence, racist sentiments toward migrants, and disparagement (or worse) of left-of-center political figures.

“CBP knew about Border Patrol agents’ inappropriate posts on ‘I’m 10-15’ since 2016, three years before it was reported publicly,” the House Committee found. Among the Facebook group’s members were Border Patrol’s last two chiefs, Carla Provost (2018-2020) and Rodney Scott (2020-August 2021). Both indicated that they followed the group in order to monitor agents’ attitudes and complaints. After ProPublica revealed the page’s existence, Provost had said “these posts are completely inappropriate” and that agents “will be held accountable.”

Investigators had a hard time finding out whether anyone was indeed being held accountable. Facebook refused to provide content from the page to investigators from CBP’s Office of Professional Responsibility (OPR), forcing them to rely on screenshots obtained by media outlets. During the Trump administration, CBP refused to hand over disciplinary records to the House Oversight and Reform Committee, even after the committee issued a November 2020 subpoena. The records were turned over in February, after Donald Trump left office.

The Committee found “significant shortcomings in CBP’s approach to disciplining and training employees on social media misconduct.” CBP OPR opened 135 investigations into allegations related to “I’m 10-15” and other unnamed secret Facebook groups. A chief patrol agent, in the role of “deciding official,” made all disciplinary decisions.

This individual decided that 60 of the 135 CBP employees committed misconduct. In the end, the Committee found, “Almost all received significantly lighter final penalties than proposed by CBP’s Discipline Review Board.”

In the end:

  • 2 were fired; CBP’s Discipline Review Board had recommended 24 removals. Both had published sexualized and in some cases violent images of Rep. Alexandria Ocasio-Cortez (D-New York), among other disturbing content.
  • 43 were suspended without pay, most for five days or fewer; the Discipline Review Board had recommended 60 suspensions. Those suspended were “then permitted to return to work in positions of power over migrants,” the Committee’s report notes.
  • 12 received letters of reprimand, 3 received “alternate disciplinary actions” like suspension with pay, 11 received “corrective or non-disciplinary actions,” and 10 took retirement before disciplinary action was taken. Twelve appealed their punishments.

“The CBP discipline system is broken,” a report from an independent DHS panel had stated in 2016 (original link). “No one official and no single office of CBP is actually responsible for assuring timeliness for all phases of the discipline process,” it notes, while “responsibility for investigating an allegation of misconduct is fragmented.” Improving human rights oversight was not a priority during the Trump administration, so no notable accountability progress was made since that report’s publication.

The House Oversight and Reform Committee report described the byzantine accountability process:

OPR investigates the conduct, and CBP’s Discipline Review Board proposes discipline. A deciding official then makes a discipline determination. In some cases, when CBP substantiates allegations of misconduct, employees may be able to appeal to the Merit Systems Protection Board (MSPB); file a grievance with a CBP employee union such as the National Border Patrol Council, which may invoke arbitration on behalf of the employee; or, if they believe the action was discriminatory, file a complaint with the Equal Employment Opportunity Commission.

This description left out the DHS Office of Inspector General and Office on Civil Rights and Civil Liberties, which may play at least tangential roles.

“CBP’s failure to prevent these violent and offensive statements by its own agents or impose adequate discipline creates a serious risk that this behavior will continue,” read a press statement from the committee’s chairwoman, Rep. Carolyn Maloney (D-New York). “As we saw with the mistreatment of migrants by Border Patrol agents in Del Rio, Texas last month, systemic behavior problems within CBP persist. CBP must take immediate steps to reform its disciplinary processes, strengthen social media policies and training, and address longstanding issues of poor morale within its ranks.”

Border Patrol Agents in Secret Facebook Group Faced Few Consequences for Misconduct (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/sites/democrats.oversight.house.gov/files/COR%20CBP%20Facebook%20Group%20Report%20-%20October%202021.pdf.

— “Committee Report Reveals CBP Reduced Discipline for Dozens of Agents and Allowed Them to Continue Working with Migrants Despite Violent and Offensive Facebook Posts” (Washington: House of Representatives Committee on Oversight and Reform, October 25, 2021) https://oversight.house.gov/news/press-releases/committee-report-reveals-cbp-reduced-discipline-for-dozens-of-agents-and-allowed

Final Report of the CBP Integrity Advisory Panel (Washington: Department of Homeland Security, March 15, 2016) https://www.dhs.gov/sites/default/files/publications/HSAC CBP IAP_Final Report_FINAL (accessible)_0.pdf.

Sector(s): Border-Wide

Agency(ies): Border Patrol, CBP

Event Type(s): Abusive Language, Evading Oversight, Insubordinate or Highly Politicized Conduct, LGBT Discrimination or Harassment, Racial Discrimination or Profiling, Threat of Violence, Unethical Off-Duty Behavior

Last Known Accountability Status: Congressional Investigation Closed, OPR Investigation Closed, Personnel Terminated, Suspension, Reprimand, or Counseling

Victim Classification:

Mid-September, 2021

Starting in mid-September 2021, and peaking around September 18-21, a large number of mostly Haitian migrants crossed the Rio Grande at Del Rio, Texas, a remote sector of the border across from Ciudad Acuña, Coahuila, Mexico. By September 18, Del Rio’s mayor, citing information from Border Patrol, said that 14,534 migrants were encamped on the riverbank, under and around the border crossing bridge. There, while awaiting their turn to be processed by Border Patrol, they washed in the river and slept in tents, under shelters built out of vegetation, or in the open air.

In response to the Haitians’ rapid arrival, CBP surged 600 Border Patrol agents, CBP officers, and DHS volunteers to Del Rio, DHS Secretary Alejandro Mayorkas said during a September 20 visit to the sector.

By September 21, CBP had constructed a field hospital and was more systematically providing food. But for the first several days, food and clean water were scarce at the Del Rio site. This forced migrants to wade into Ciudad Acuña, Mexico to buy food at local stores and restaurants, then wade back into the United States with their provisions.

On their return to U.S. soil, some of the migrants, often laden with bags of food, encountered hostile Border Patrol agents on horseback. Photos and videos showed agents appearing to charge at migrants, including some children, at the water’s edge, apparently trying to force them to return to Mexico. One can be heard using a profane slur against Haiti. Some are shown waving or making slapping motions with lariats or long reins, which bore a resemblance to whips.

“Video footage of Border Patrol’s actions in this incident clearly demonstrate that the migrants being encountered by mounted agents did not present an imminent threat,” an ACLU letter describes the scene. “In one video an agent stops a family with small children, makes derogatory and xenophobic comments to the family, and then maneuvers his horse in a way that comes dangerously close to trampling a child.”

A March 2022 report from Robert F. Kennedy Human Rights and the Haitian Bridge Alliance included testimonies from the migrants.

A Haitian woman, traveling with her husband, aunt, and infant son, went to Acuña to find food for her family.[181] When she returned and attempted to cross the river, she was surrounded by several CBP officers on horseback. When she tried to explain that she had to get back to the encampment to reunite with her child, the CBP officers screamed at her to “get back” and “go back to Mexico.” She witnessed two men fall into the river and disappear below the current. She also witnessed one man tear his leg open after being chased and trampled by a CBP officer on horseback. One Haitian man brought his eight-year-old son to the riverbank to bathe when mounted officers appeared and began chasing down a group of migrants gathered by the Rio Grande.[182] As his son attempted to run away from the CBP officers on horseback, he fell—was nearly trampled by the horse—and suffered cuts and bruises to his legs. He injured his eye, which then became painfully inflamed. The man described the “moment of terror” when he saw his young son fall to the ground. “I thought my son would be killed, right there in front of me.”[183] Terrified and traumatized, they fled the Del Rio encampment that night. Another Haitian man and his pregnant girlfriend were both shoved and pushed by CBP officers in Del Rio when they attempted to cross the Rio Grande with food they purchased in Acuña:

“When we were crossing the river by the bridge, we were met by the CBP agents. Some of them were on horses, some were on foot. As I was trying to cross with my pregnant girlfriend they shoved us. She [my girlfriend] was also shoved and fell to the ground. I don’t speak English well, but I tried to tell the agents that my girlfriend was pregnant. I tried to say it in Spanish. But they continued to abuse us and they kept shoving us across the river.”[184]

In summarizing his experience under the bridge, the man explained, “I wasn’t treated with dignity at the border [in Del Rio]. I was treated worse than animals. I experienced racism and abuse in Brazil, but what I experienced at the border was much worse.”[185]

Border Patrol Chief Raúl Ortiz, a former Del Rio sector chief, claimed the agents were attempting to control the horses with the reins. The Washington Post’s Philip Bump wrote that “this was an apparently isolated encounter, one that soon resolved with those seeking to enter the country and return to or arrive at the camp able to do so.”

Nonetheless, images of uniformed White men on horseback menacing Black people with what looked like whips blanketed U.S. social media on September 19 and 20, inspiring horrified reactions.

Immigrant rights and civil rights groups joined in condemnation. In Miami, 200 Haitian-Americans protesting outside the U.S. Citizenship and Immigration Services (USCIS) field office forced road closures. The NAACP tweeted side-by-side “then” and “now” images: a drawing of a slaveholder whipping a Black man next to one of the Del Rio photos. A letter from civil rights groups said Biden’s promises for a more humane immigration policy “are being shredded before our eyes.” Human Rights Watch called it “the latest example of racially discriminatory, abusive, and illegal U.S. border policies that are returning people to harm and humanitarian disaster.”

Reactions in Congress were strong. The images were “horrific and disturbing,” said Rep. Bennie Thompson (D-Mississippi), chairman of the House Homeland Security Committee. “We had not seen the horses and the whips with any other population of people, so that to us goes to racism,” said Rep. Joyce Beatty (D-Ohio), chair of the Congressional Black Caucus. House Oversight Committee Democrats sent a letter demanding a briefing from Biden administration officials by September 24 (original link).

Strong words also came from the Biden administration. “As it relates to those photos and that horrific video, we’re not going to stand for that kind of inhumane treatment and obviously we want this investigation to be completed rapidly,” said White House Press Secretary Jen Psaki. “What I saw depicted, those individuals on horseback treating human beings the way they were, was horrible,” said Vice President Kamala Harris. “Human beings should never be treated that way, and I’m deeply troubled about it.”

On September 24, President Joe Biden addressed the images for the first time. “It’s horrible what you saw. To see people like they did, with horses, running them over, people being strapped, it’s outrageous,” he said. “I promise you, those people will pay. There is an investigation underway right now and there will be consequences.”

DHS promised an investigation and disciplinary actions, and suspended the use of horse patrols in Del Rio (original link). However, “There is little reason to have confidence in the department’s willingness to hold its agents accountable,” Chris Rickerd and Sarah Turberville contended at the Los Angeles Times, noting that “CBP’s own records found that it took no action in 96% of 1,255 cases of alleged Border Patrol misconduct between January 2012 and October 2015.”

The DHS Inspector-General declined to take the case, and CBP’s Office of Professional Responsibility shared preliminary findings with the Justice Department in October, to determine whether criminal charges were warranted. As of January 2022, other than a list of next steps that DHS published in mid-November, there had been no further word (original link). It was not until nearly six months after the incident, on March 11, 2022, that the U.S. Attorney for the Western District of Texas decided not to pursue criminal charges. During that period, CBP’s Office of Professional Responsibility (OPR) was unable to interview the Border Patrol agents directly involved in the incident.

On July 8, 2022, CBP OPR released its report on the incident (original link). The 511-page document found “failures at multiple levels of the agency, a lack of appropriate policies and training, and unprofessional and dangerous behavior by several individual Agents.”

The report included the following findings about what happened over approximately a half hour on September 19, 2021.

  • There was no evidence that the agents “whipped” the migrants or that the riders’ reins struck any migrants. In future crowd control events, though, CBP will prohibit mounted agents from “twirling” their reins as “a distancing tactic.”
  • “Several mounted Border Patrol Agents used force or the threat of force to drive several migrants back into the Rio Grande River, despite the fact the migrants were well within the territorial boundary of the United States.”
  • In addition to swinging reins, aggressive tactics included charging horses at migrants to keep them from entering, in one case maneuvering a horse very close to a boy, and in another causing a man to fall back into the river; grabbing a man by his shirt and flipping him around; and yelling “unprofessional” comments, including “Hey! You use your women? This is why your country’s s***, you use your women for this.”
  • By pushing migrants back to the river and Mexico, the horse-patrol agents were following orders given not by Border Patrol, but a request from Texas’s state police (Department of Public Safety). Though blocking migrants was not CBP’s objective, the Border Patrol supervisor approved the state agency’s request without checking with higher-ups.
  • This owed much to faulty command and control within Border Patrol. The horse patrol agents’ supervisor “was unable to obtain additional guidance from higher in the USBP chain of command at the time of the request” from Texas DPS. The agents “repeatedly sought guidance from the USBP incident command post” by radio, and backed off after being “eventually told to allow all the migrants to enter.”
  • Though assigned to a crowd control mission—a difficult job with a high risk of escalation and human rights abuse—the horse patrol unit’s members’ responses indicated that they had not received crowd control training. CBP Commissioner Chris Magnus said that from now on, horses would not be used for crowd control without the commissioner’s approval.

With the OPR report complete, a CBP Disciplinary Review Board, separate from OPR and made up of senior officials, was to consider punishments for the agents involved. As of July 2022, four agents may face administrative measures. CBS News reported that no firings are recommended, and that the Review Board proposed a seven-day suspension for the supervisor who approved the Texas state DPS request.

The agents’ defenders—including the National Border Patrol Council union, House Homeland Security Committee ranking Republican Rep. John Katko (R-New York), and several former Border Patrol leaders in a mid-June letter—argue that they are not receiving due process because President Biden had demanded in September 2021 that they “pay” for their actions (original link, original link). Border Patrol union President Brandon Judd said that the union would appeal any punishments.

Critics of the OPR report note that it only covered what happened in the approximate half-hour on September 19 when the horse patrol was caught on camera, and that investigators did not speak to a single Haitian migrant. Nora Phillips, legal director of Haitian Bridge Alliance, told National Public Radio:

the official report contains some important inaccuracies. For example, she says, Border patrol agents did strike migrants with their horses’ reins. She’s also disappointed that investigators focused only on the incident with the horse patrols, while basically ignoring the squalid conditions in the camp.

“There was no investigation into that,” she said. “The lack of food, the lack of water, the lack of medical care. And that’s what’s also really disappointing.”

— Shaw Drake, “U.S. Border Patrol’s use of horses and verbal abuse against migrants in Del Rio, TX” (El Paso: ACLU Texas, September 21, 2021) https://www.aclutx.org/sites/default/files/aclu_tx_cbp_oig_letter_re_border_patrol_in_del_rio.pdf.

— Sarah Turberville, Chris Rickerd, “Abusing migrants while on horseback? That fits with the Border Patrol’s long history of brutality” (Los Angeles: The Los Angeles Times, September 22, 2021) https://www.latimes.com/opinion/story/2021-09-22/haitian-migrants-del-rio-border-patrol-horseback.

— Philip Bump, “What one photo from the border tells us about the evolving migrant crisis” (Washington: The Washington Post, September 20, 2021) https://www.washingtonpost.com/politics/2021/09/20/what-one-photo-border-tells-us-about-evolving-migrant-crisis/.

— Tweet from NAACP @NAACP (Twitter: September 21, 2021) https://twitter.com/NAACP/status/1440433080477519872.

Beyond the Bridge: Documented Human Rights Abuses and Civil Rights Violations Against Haitian Migrants in the Del Rio, Texas Encampment (United States: Robert F. Kennedy Human Rights and Haitian Bridge Alliance, March 29, 2022) https://rfkhr.imgix.net/asset/Del-Rio-Report.pdf.

— “US: Treatment of Haitian Migrants Discriminatory” (Washington: Human Rights Watch, September 21, 2021) https://www.hrw.org/news/2021/09/21/us-treatment-haitian-migrants-discriminatory.

Letter to Acting CBP Commissioner Troy Miller from six members of Congress (Washington: U.S. House of Representatives, September 22, 2021) https://int.nyt.com/data/documenttools/read-the-letter-from-lawmakers-demanding-answers-on-treatment-of-haitian-migrants/9e164db6d5b98eed/full.pdf.

— Annika Kim Constantino, “Biden condemns Border Patrol agents’ treatment of Haitian migrants, vows they will face consequences” (United States: CNBC, September 24, 2021) https://www.cnbc.com/2021/09/24/biden-condemns-border-patrol-treatment-of-haitian-migrants-in-del-rio.html.

Tweet from Homeland Security @DHSgov (Twitter: September 20, 2021) https://twitter.com/DHSgov/status/1440090164425019397.

Letter from former Border Patrol officials to DHS Secretary Alejandro Mayorkas (Washington: Washington Examiner, June 21, 2022) https://www.scribd.com/document_downloads/direct/579239144?extension=pdf&ft=1657135495&lt=1657139105&user_id=352475425&uahk=pzqbundOpAFXYAdmeffgbzGwQPI.

— Anna Giaritelli, “Border Patrol chiefs under three presidents warn Biden on ‘whipping’ discipline” (Washington: Washington Examiner, June 21, 2022) https://www.washingtonexaminer.com/policy/defense-national-security/border-patrol-chiefs-warn-biden-on-whipping.

— Eileen Sullivan and Zolan Kanno-Youngs, “Review Finds Agents Used Unnecessary Force Against Black Migrants” (New York: The New York Times, July 8, 2022) https://www.nytimes.com/2022/07/08/us/politics/border-patrol-investigation-migrants.html.

— Rep. John Katko, “Katko on the Del Rio Horse Patrol Investigation Report” (Washington: House of Representatives Homeland Security Committee Republicans, July 8, 2022) https://republicans-homeland.house.gov/katko-on-the-del-rio-horse-patrol-investigation-report/.

— Camilo Montoya-Galvez, Nicole Sganga, “Border Patrol agents on horseback used “unnecessary” force against Haitian migrants last year, investigators find” (United States: CBS News, July 8, 2022) https://www.cbsnews.com/news/border-patrol-agents-on-horseback-used-unnecessary-force-against-haitian-migrants-last-year-investigators-find/.

CBP Office of Professional Responsibility – Del Rio Horse Patrol Unit Investigation Report (Washington: CPB OPR, July 8, 2022) https://www.cbp.gov/document/report/cbp-office-professional-responsibility-del-rio-horse-patrol-unit-investigation.

— Joel Rose, “After Del Rio, some Haitian migrants found safety in the U.S. But many have not” (United States: National Public Radio, September 7, 2022) <https://www.npr.org/2022/09/07/1120775143/after-del-rio-some-haitian-migrants-found-safety-in-the-u-s-but-many-have-not>.

Footnotes from above:

[181]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[182]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[183]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[184]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

[185]: In-person interview by RFK Human Rights lawyer with Haitian individual in Acuña, Mexico (Sept. 25, 2021).

Sector(s): Del Rio

Agency(ies): Border Patrol

Event Type(s): Abusive Language, Crowd Control, Racial Discrimination or Profiling, Use of Force

Last Known Accountability Status: Complaint Filed with CRCL, OPR Investigation Closed, Shared with Congressional Oversight Committees, Shared with DHS OIG

Victim Classification: Black, Family Unit, Haiti, Single Adult

July 21, 2021

Gregson Martínez, a Border Patrol processing coordinator at the Processing Center in Donna, Texas, struck a 17-year-old Honduran citizen in the face while questioning him about his age and citizenship. Mr. Martínez was terminated on August 2, 2021, and pled guilty on May 13, 2022 to violating the teenager’s constitutional rights. (original link)

The DHS Office of Inspector-General and CBP Office of Professional Responsibility conducted the investigation of Martínez, and the U.S. Department of Justice prosecuted the case. Martínez faces up to a year in prison and a possible maximum $100,000 fine; sentencing was scheduled for June 24, 2022.

— “Federal agent admits to violating civil rights of a Honduran teenager” (Texas: U.S. Department of Justice, May 13, 2022) https://www.justice.gov/usao-sdtx/pr/federal-agent-admits-violating-civil-rights-honduran-teenager.

Sector(s): Rio Grande Valley

Agency(ies): Processing Coordinators

Event Type(s): Abuse of Minor, Use of Force

Last Known Accountability Status: Criminal Conviction, DHS OIG investigation Closed, Judicial Case Closed, OPR Investigation Closed

Victim Classification: Honduras, Unaccompanied Child

July 15, 2021

Border Patrol agent Rodney Tolson pled guilty to conspiring to transport an undocumented alien within the United States. Tolson admitted taking $400-per-person payments in 2019 for allowing non-citizens to pass through the Border Patrol checkpoint on Interstate Highway 35 north of Laredo, Texas.

According to the plea agreement, as cited in the Washington Post, Tolson helped a migrant smuggler by “waving him through the checkpoint.”

According to the co-conspirator, Tolson would call to report “which lane and time window to use for crossing through the checkpoint,” the plea agreement says.

At one point, the co-conspirator asked if Tolson was ready to make money.

“U know it,” Tolson said in a WhatsApp social media message the co-conspirator shared with federal agents.

Their transactions would usually take place in the parking lot of a Walmart near the border, where Tolson would receive $400 per person, the documents state.

The DHS Inspector General and CBP’s Office of Professional Responsibility investigated Tolson’s case, and referred it to the Department of Justice. On May 24, 2022, Tolson was sentenced in Laredo federal district court to 21 months in prison (original link).

— Julian Mark, “A Border Patrol agent was supposed to guard a U.S.-Mexico checkpoint. He took $400 bribes to smuggle migrants.” (Washington: The Washington Post, July 14, 2021) https://www.washingtonpost.com/nation/2021/07/14/border-patrol-agent-admits-bribes/.

— “Federal agent sent to prison for alien smuggling” (Laredo: U.S. Department of Justice Southern District of Texas, May 24, 2022) https://www.justice.gov/usao-sdtx/pr/federal-agent-sent-prison-alien-smuggling.

Sector(s): Laredo

Agency(ies): Border Patrol

Event Type(s): Corruption

Last Known Accountability Status: Criminal Conviction, DHS OIG investigation Closed, Judicial Case Closed, OPR Investigation Closed

Victim Classification: